New Delhi:
The Supreme Court decided today that the Lieutenant Governor may designate aldermen in the Municipal Corporation of Delhi (MCD) without the support or advice of the Delhi government, dealing a severe blow to the Aam Aadmi Party government,.
The Lieutenant Governor’s power to nominate members to the civic body is a statutory power and not an executive power, the bench said. The bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala had reserved its verdict in the matter last year. The Supreme Court’s website earlier said Justice Narasimha will be pronouncing the verdict.
According to Justice Narasimha, the Delhi Municipal Corporation Act’s Section 3(3)(b) allows the Lieutenant Governor to propose up to ten individuals who meet certain requirements, such as being at least 25 years old and possessing particular expertise in municipal administration.
“It is untrue to say that Delhi LG’s power was decided by a semantic lottery. This is a Parliament-made statute that, with the exception of Article 239, satisfies the discretionary powers wielded by LG as required by law. The authority to nominate was initially granted to LG by the DMC Act of 1993, and this authority is not archaic,” he stated.
The judgment added that Parliament can pass laws pertaining to state and concurrent lists of Delhi, as previously decided by a five-judge Supreme Court bench. “As Parliament has conferred power on LG to nominate 10 aldermen, AAP government cannot quarrel with that,” he stated.
There are ten nominated members and 250 elected members of the Delhi Municipal Corporation. It is now ruled by the AAP, who won 134 seats in the elections of 2022. 104 seats are held by the BJP.
The Lieutenant Governor can destabilize an elected civic body if he is granted the authority to designate alderman to MCD, according to a ruling made by the Supreme Court last year.
Abhishek Singhvi, a senior advocate, the Delhi government’s.
counsel, had argued that the state government was not granted any independent authority to designate individuals to MCD. He had stated that the Lieutenant Governor has been nominating aldermen for the past thirty years with the assistance and guidance of the city government.
Speaking on behalf of the Lieutenant Governor’s office, Additional Solicitor General Sanjay Jain had maintained that a practice need not be right just because it has been followed for thirty years.
The Supreme Court’s decision has been referred to as a “jolt to democracy” by the AAP. “You’re going to hand all authority to the Lieutenant Governor, who will rule Delhi with a rod, instead of having an elected administration. For a democracy, this is wrong. We politely disagree with the decision made by the Supreme Court. Party MP Sanjay Singh stated, “The verdict is at odds with the bench’s observations during the hearing,” and stated that the party will decide on the next course of action after reviewing the ruling.
The Delhi administration, led by Arvind Kejriwal’s AAP, has long maintained that the elected city government lacks the authority to carry out its mandate and that the Centre uses the Lieutenant Governor to keep a tight grip over the nation’s capital.
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The Supreme Court’s decision, which BJP MP Praveen Khandelwal obtained, makes it evident that the Lieutenant Governor nominated aldermen in accordance with the legislation. “It is the Aam Aadmi Party’s practice to make accusations over any topic. The court has rejected their politics,” he declared.
THE L-G VS. DELHI GOVT CASE.
The Legislative Assembly and the government of Delhi are governed by the Government of National Capital Territory of Delhi (GNCTD) Act, 1991, which is currently in effect. The central government made changes to it in 2021.
A few adjustments were made to the modification with reference to how the Delhi government operates. This gave the Lieutenant Governor (L-G) some further authority. The amendment mandated that before making any decisions, the elected government consult with L-G.
“Government in any law made by the legislature of the state shall mean the Lieutenant Governor,” stated the GNCTD Act modification.
The Arvind Kejriwal administration had initially objected to this punishment. The Aam Aadmi Party contested this in the Supreme Court.
The Supreme Court’s decision is viewed as a significant blow to the federal government. Nonetheless, the federal government has the option to challenge the Supreme Court’s ruling via a petition for review. It may also file an appeal to transfer the case to a higher bench.
The Center may file a curative petition if the Supreme Court rules in favor of the Delhi government even on the review petition. In addition, the Center may choose to amend the verdict by introducing a bill in the Parliament. But the Supreme Court may hear another challenge to this law.
